People v. Halko — 40 A.D.2d 748

Majority

p. 748

The People of the State of New York, Respondent, v. John G. Halko, Appellant.

Judgment unanimously affirmed. Memorandum: The issue raised upon this appeal has been previously determined by this court in 37 A D 2d 916 , which determination was based upon the decision in People v. Bell, ( 36 A D 2d 406 , affd. 29 N Y 2d 882 ). (Appeal from judgment of Erie County Court convicting defendant of robbery, first degree.) Present — Goldman, P. J., Del Vecchio, Moule, Cardamone and Henry, JJ.

Cases cited

People v. Halko 37 A D 2d 916 N.Y. App. Div. 1971-10-28 p. 748
People v. Bell 36 A D 2d 406 N.Y. App. Div. 1971-05-17 p. 748
People v. Williams 29 N Y 2d 882 N.Y. 1972-01-05 p. 748